86822 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations 

specific legal authority claimed, and 

provide a non-confidential version of 

the submission. 

For comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC.’’ 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. The 

corresponding non-confidential version 

of those comments must be clearly 

marked ‘‘PUBLIC.’’ The file name of the 

non-confidential version should begin 

with the character ‘‘P.’’ Any 

submissions with file names that do not 

begin with either a ‘‘BC’’ or a ‘‘P’’ will 

be assumed to be public and will be 

made publicly available through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions on the license requirements in 

the interim final rules, contact Eileen 

Albanese, Director, Office of National 

Security and Technology Transfer 

Controls, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–0092, Fax: (202) 482– 

482–3355, Email: rpd2@bis.doc.gov. For 

emails, include ‘‘Advanced computing 

controls’’ or ‘‘Semiconductor 

manufacturing items control’’ as 

applicable in the subject line. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 17, 2023, BIS released two 

interim final rules (IFR): ‘‘Export 

Controls on Semiconductor 

Manufacturing Items’’ (SME IFR) (88 FR 

73424, October 25, 2023) and 

‘‘Implementation of Additional Export 

Controls: Certain Advanced Computing 

Items; Supercomputer and 

Semiconductor End Use; Updates and 

Corrections’’ (AC/S IFR) (88 FR 73458, 

October 25, 2023). The October 17 AC/ 

S IFR and SME IFR included a comment 

period deadline of December 18, 2023. 

The Department of Commerce has 

determined at this time that the 

extension of the comment period 

through January 17, 2024 is warranted 

to allow for commenters to have 

additional time to review the interim 

final rules and to benefit from the 

significant amount of public outreach 

that BIS is conducting on the rules prior 

to preparing and submitting comments. 

This extension notice specifies that 

comments may be submitted at any time 

but must be received by January 17, 

2024, to be considered. 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–27588 Filed 12–14–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0814] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, 

Savannah, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the Causton Bluff, SR 26, 

Bridge across the Atlantic Intracoastal 

Waterway, mile 579.9, near Causton 

Bluff, GA. The drawbridge was replaced 

with a fixed bridge and the bascule span 

leaves have been removed from the 

structure. The operating regulation is no 

longer applicable or necessary. 

DATES: This rule is effective December 

15, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0814) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Jennifer Zercher, Bridge 

Management Specialist, Seventh Coast 

Guard District; telephone 305–415– 

6740, email Jennifer.N.Zercher@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

Pub. L. Public Law 

§ Section 

GA Georgia 

AICW Atlantic Intracoastal Waterway 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this final 

rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

unnecessary. The Causton Bluff, SR 26, 

Bridge, that once required draw 

operations in 33 CFR 117.353(b), was 

removed and replaced with a fixed 

bridge in October 2023. Therefore, the 

regulation is no longer applicable and 

shall be removed from publication. It is 

unnecessary to publish an NPRM 

because this regulatory action does not 

purport to place any restrictions on 

mariners but rather removes a 

restriction that has no use or value 

because the new bridge does not open. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. The bridge has been replaced 

with a fixed bridge and this rule merely 

requires an administrative change to the 

Federal Register, in order to omit a 

regulatory requirement that is no longer 

applicable or necessary. The 

modification has already taken place 

and the removal of the regulation will 

not affect mariners currently operating 

on this waterway. Therefore, a delayed 

effective date is unnecessary. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The Causton Bluff, SR 26, Bridge was 

removed and replaced with a fixed 

bridge in October 2023. The elimination 

of this drawbridge necessitates the 

removal of the drawbridge operation 

regulation, 33 CFR 117.353(b), that 

pertains to the former drawbridge. 

The purpose of this rule is to remove 

the section (b) of 33 CFR 117.353 that 

refers to the Causton Bluff, SR 26, 

Bridge at mile 579.9, from the Code of 

Federal Regulations since it governs a 

bridge that is no longer able to be 

opened. 

IV. Discussion of Final Rule 

The Coast Guard is removing the 

regulation in 33 CFR 117.353 related to 

the draw operations for this bridge 

because it is no longer a drawbridge. 

The change removes the section (b) of 

the regulation governing Causton Bluff, 

SR 26, Bridge since the bridge has been 


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Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations 86823 

replaced with a fixed bridge. This final 

rule seeks to update the CFR by 

removing language that governs the 

operation of the Causton Bluff, SR 26, 

Bridge, which in fact is no longer a 

drawbridge. This change does not affect 

waterway or land traffic. This change 

does not affect, nor does it alter the 

operating schedules in 33 CFR 117.353 

that govern the remaining active 

drawbridges on the Atlantic Intracoastal 

Waterway, Savannah River to St. Marys 

River. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This proposed rule has not been 

designated a ‘‘significant regulatory 

action,’’ under section 3(f) of Executive 

Order 12866, as amended by Executive 

Order 14094 (Modernizing Regulatory 

Review). This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, it has not been reviewed 

by the Office of Management and 

Budget (OMB). 

This regulatory action determination 

is based on the fact that the bridge was 

replaced with a fixed bridge and no 

longer operates as a drawbridge. The 

removal of the operating schedule from 

33 CFR 117 Subpart B will have no 

effect on the movement of waterway or 

land traffic. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section V.A above this final 

rule would not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 00170.1. Revision No. 01.3. 

§ 117.353 [Amended] 

■ 2. Amend § 117.353 by removing and 

reserving paragraph (b). 

Dated: December 11, 2023. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2023–27617 Filed 12–14–23; 8:45 am] 

BILLING CODE 9110–04–P 


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